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What about the poor people with TOO MUCH talent?

Buster Peel
Spat the dummy.
Join date: 7 Feb 2005
Posts: 1,242
03-14-2005 14:26
From: Kathy Yamamoto
Again, my own legal understanding is that if I created the material, even if it's in a copyable form (like a magazine article or mp3?), I do not give up any rights even if I neglect to attach a copyright banner - let alone forgetting to list specific rights reserved.

This is absolutely right. In SL, however, it isn't a case of the "form" causing it to be copyable. The author has expressly marked it "Copyable" while it is in a form that can be either copyable or not copyable. That has to mean something.

The question is one of defining "fair use" when the "Copyable" checkbox is checked.

Whether accompanying notecards or labels in descriptions are enforceable I think is problematic. You are left with an honor system.
Sugar Street
My own little world rocks
Join date: 2 Aug 2004
Posts: 58
03-14-2005 20:16
OMG - *note to self...* never hang with Prokofy...huge downer! :(
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Deklax Fairplay
Black Sun
Join date: 2 Jul 2004
Posts: 357
03-15-2005 16:10
This thread is great!
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Cubey Terra
Aircraft Builder
Join date: 6 Sep 2003
Posts: 1,725
03-15-2005 16:30
The primitive Copy/Modify/Transfer permissions in SL have absolutely no bearing on copyright law. Having the ability to make copies of something, having the ability to resell something several times, doesn't mean you have the legal right to do so.

Books can be easily scanned, photocopied, and retyped. The fact that you have the ability to do so doesn't mean that you can reprint those books for profit. Similarly, if you happen upon a photograph that an SL user uploaded that isn't copy-protected, it doesn't mean that the photographer surrendered their copyright. If you happen upon a script, object, or texture that isn't copy-protected, the creator still holds the copyright, legally speaking.

Even worse are those who find copyable objects, textures, or scripts and resell them as their own works. Plagiarism and copyright violation are very real legal concepts and can't be circumvented by a weak argument that the original creator didn't actively prevent you from breaking the law.
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Marker Dinova
I eat yellow paperclips.
Join date: 13 Sep 2004
Posts: 608
03-15-2005 19:21
From: Prokofy Neva
... You can't even take their free thing and put it in a better prim package of some sort and sell it even for $1 without them complaining.


Because, Profky, that would be like taking UN donated food sent to the Tsunami releif efforts, repackaging them and selling them off to the people for 5 dollars a piece.

Duh?
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The difference between you and me = me - you.
The difference between me and you = you - me.

add them up and we have

2The 2difference 2between 2me 2and 2you = 0

2(The difference between me and you) = 0

The difference between me and you = 0/2

The difference between me and you = 0

I never thought we were so similar :eek:
Buster Peel
Spat the dummy.
Join date: 7 Feb 2005
Posts: 1,242
03-15-2005 19:31
From: Cubey Terra
The primitive Copy/Modify/Transfer permissions in SL have absolutely no bearing on copyright law. Having the ability to make copies of something, having the ability to resell something several times, doesn't mean you have the legal right to do so.


I agree completely. (Actually, I should have been referring to the "resell" checkbox, not the "copyable" checkbox in my messages. I plead guilty to not paying attention. )

From: Terms Of Service

6.2 Rights in Content. You acknowledge that Linden and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, that they retain all such rights and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that your creation of Content is not in any way based upon any expectation of compensation from Linden. You shall indemnify and hold Linden harmless from and against any claims by third parties that your Content infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.


By contract, all players agree to this. Real world copyright law applies. The trouble lies, I think, with the meaning of the "Resell" checkbox.

The TOS and Community Standards are completely silent on the meaning of this checkbox. Whether there is another way to provide "actual notice" that there are additional provisions beyond "you can resell this" is debatable. Maybe another checkbox is needed that says "sell derivative works". THAT would hit the nail on the head.

Buster
Buster Peel
Spat the dummy.
Join date: 7 Feb 2005
Posts: 1,242
03-15-2005 19:37
From: Marker Dinova
Because, Profky, that would be like taking UN donated food sent to the Tsunami releif efforts, repackaging them and selling them off to the people for 5 dollars a piece.


Two demerits for hyperbole. Two bonus points for provoking Prok. Its a wash.

INCOMING! (everybody duck, there's gonna be 2000 words enroute)
Prokofy Neva
Virtualtor
Join date: 28 Sep 2004
Posts: 3,698
03-17-2005 16:30
From: someone
Originally Posted by Marker Dinova
Because, Profky, that would be like taking UN donated food sent to the Tsunami releif efforts, repackaging them and selling them off to the people for 5 dollars a piece.


I don't know what sort of idiocy this stemmed from, I'm on a crappy connection right now and can't read all this dreck. Let me first point out that the UN often actually permits and encourages the resale of their humanitarian food deliveries to restart war-ravaged economies, shows how much you know. And I wonder how on earth all these idiots get the idea that I am asking for those who provide free items in the game to turn them over to me, so I can resell them and make a profit. That's a pretty dumb idea, eh? Dumb for them, and dumb for me. I don't want all that free stuff flooding the game, that's not the point.

What I would suggest, so that we don't live in a goddamn socialist theme park, is for people to value their time, talent, and treasure, and to put a price on their creation -- that's how normal people do it in the normal world where they aren't all celebrating themselves just for the mere fact that that they are disembodied on teh Intarnut. Now, somebody asked, would it make a difference if they charged $50 instead of $1? Of course. Let them value their labor. Then when I see they are in commerce-mode finally, I can say, hey, I have an idea for your thingie, do you want to go into business? License it, or I'll give you a commission if I make XYZ improvement on it, etc.

OR they put it in the public domain, like the Lindens' door scripts or tinter scripts. Then people put it in stuff they are selling. And then they shouldn't care, if they did really put it in the public domain and really did "get over themselves." But what happens if you sell Linden stuff "as is," i.e. the object instead of a useful script. Do you get banned? Surely everyone will curl their lip and sneer at you. Hey, I even saw somebody selling Ryan Linden's tent. And I will pay $100 for that "illegal sale" because he's in the "just in time" mode for me, because I'd rather pay $100 when I see that tent when I need it finally, than to continue to look for it in vain at those laggy telehub content deliverers. If you're all so all-fired worried about newbies getting ripped off by people reselling free Linden stuff, get a grip. First, clean up all those oldbie content kings trolling Ahern and doing infomercials thinly disguised as "help," then kvetch about Linden resales.

We don't get that many who put their items into the public domain and stop fusing over them. Instead, what we have in this game is this self-referential self-congratulatory Free Thing that must forever remain static, cannot be changed, and sometimes cannot even be passed to another. I notice that when people sell stuff for a good price, they tend to let modify be on more because they realize customers need that. But they put "no mod" when they are in control-freak free mode. There's a lot of free stuff around which no one can really use -- they can't resell it, modify it, or do anything except copy it and leave it sitting there where others copy it. It's only in the virtual world that "copy" becomes not control, but freedom. That is, you can copy, you can have copies, but you can't modify. If I buy a knock-off Gucci purse stolen as a design idea and resold for 5 dollars on Broadway, at least I can take it home and dye it purple. Here, I can't change it.

I find the long reach of the early creators insufferable sometimes. Half of them aren't even online anymore. Somebody Im'd and said, "If you were nicer to everybody and praised the early creators, they'd give you stuff more." Well, geez, that's not the point. You shouldn't have to bow and scrape and have "connections" just to do business in a world. In the real world, you don't have to suck up to someone or have connections just to make an offer to buy their thing or pay for their license or give them a commission, it's just a busine transaction in a free economy.

There is a closed, suffocating, self-referential, self-congratulatory aspect to the "early creators" and you all know exactly what I mean. Think about it, and you won't disagree. It doesn't mean they aren't nice people, whatever. But it's a pattern. I know I'm challenging the received wisdom of Creative Commons. That says copy the thing and distribute it and print it, as long as you give credit. But in SL, you sometimes can't copy that free thing, you certainly can't modify it often, and you can't even copy part of it, which is what you can do with the "fair use" doctrine on copyright law.

I have nothing I want from anybody. I do not want to resell any free thing. I am posing these as generic problems for the economy. So stop accusing me of ripping of oldbies, newbies, and midbies.
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Bruno Buckenburger
Registered User
Join date: 30 Dec 2004
Posts: 464
03-18-2005 15:57
From: Cubey Terra
The primitive Copy/Modify/Transfer permissions in SL have absolutely no bearing on copyright law. Having the ability to make copies of something, having the ability to resell something several times, doesn't mean you have the legal right to do so.


Cubey, I don't recall any object I have posessed coming with any copyright or trademark information. The burden is on the seller to present the buyer with notices -- such as copyright information.

From: someone
If you happen upon a script, object, or texture that isn't copy-protected, the creator still holds the copyright, legally speaking.


A better legal mind than mine may disagree but I do not believe that copyright is implied -- notice must be given.

From: someone
Even worse are those who find copyable objects, textures, or scripts and resell them as their own works. Plagiarism and copyright violation are very real legal concepts and can't be circumvented by a weak argument that the original creator didn't actively prevent you from breaking the law.


I totally agree with you here but again, my point being that without notice someone could legally copy and sell something they bought with those permissions. I think it is bad form but it certainly is within their rights.
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